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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9140423 (5)PO PURCHASE ORDER 914042er Page C117/ of PURCHASE 9140423 1 of 2 �^�"'} Collins I�� This number must appear �6 ` V ` on all invoices, packing sli s and labels. Date: 09/11/2014 Vendor: 497786 MARTIN MARIETTA MATERIALS 1800 N TAFT HILL RD FORT COLLINS CO 80521 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/15/2014 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 13 Concrete & Asphalt 1 LOT EA 70,000.00 Addendum to PO iC Concrete & Asphalt 1 LOT EA 150,000.00 Total $220.000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:pumhasing@fcgov.wm Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMF.RCIALDETAILS. i Tax exemption. By sWWte the City of Foal Collins is exempt fmm sate and local taxes. Our Exemption Number is 98-O,1502. Federal Excise Tax Exemption Cardinale of Registry 84-6000587 u registered with the Collector of Internal Revenue. Denver, Colorado (Ref Colorado Raised Sutures 1923, Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECFED due to failure to meet specifcatiom, either when shipped or due to defects of damage in much, may be narrowed to you for credit real are revel to be replaced except upon receipt of wnuen instructions from the City effort Collins. Inpeetirso GOODS are subject to the City of For Collins inspection oa arrival. Final Acceptance. Receipt of the merchandise, se r equipment in response to this order can result in authirimd payment on the pan of the City of Fore Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable rehired inspection procedures. Freight forms, Shipments most be F O.D., City of Fort Collins, 700 Wood Sc, Fort Collins, CO 90522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for making will not be accepted. Shipment Distance. Where manufacturers have distributing points in carions pars of the room", shipment is expeaed from the nearest distribution point to desbrmrem, and excess fim,ht will be dedumed from Invoice when shipments art made fmm greater distance. Pemit,. Sella shall procure nt sellers sole cost all necessary permits, ceniftcates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, mmtory or political subdivision where the work is Performed, or band by any other duly constituted public authority having jurisdiction over the work of vents,. Seller lumber agrees to kid the City of Fan Collins h.l. from areal again, all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulation, oNiwnm, rules and requirements. Authorization. All games to this contract agree that the representatives are, in fact, bona fell and process full and complete authority to bind said parties. LIMITATION OF "TERMS. Ills Transco, Order expressly limits acceptance to the ,ems and conditions stated herein set frnh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different bums and conditions proposed by seller are objected to and hereby rejected. 2. DELI VERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery dude as noted. Time is of the essence. Delivery and performance must be effected within the time staled on the purchase aide, and the documents attached hereto. No acts of the Purchasers including, without lindainn, acceptance oriental lade deliveries, shall operate as a waiver of this provision. In the evan of any delay, ,he Purchaser shall have, in addition to be, legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays due to causes not reasonably fxecolu ble which are beyond its reasomble control and without I¢ fault of negligence, such acts of Gad, acts modal or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wsum we H. provided that notice of the condition wring such delay is in... to the purchaser within five (5) days of the time when the Sella but received knowledge thereof In ,he even, of my such delay. the date of delivery shall be exmrWN far,he period equal to the time acmally loss by arson of the delay. 3. WARRANTY. The Seller warrants bar all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples whom other description given, will be fit for the purposes intended, and performed with the highest degree of care and recuperate in accordance with accepted smndafds for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on amount of the Sellers breach of wuranty. The Seller shall replace, repair or make good, whale, cos, a the purchase,, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials number by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase aide,, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing Warrants or guarantees, but such liability shall in no event include loss of profits or Ins of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pur rimer may make changes to legal terns by wrinm change order 5. CHANGES IN COMNERCLA . TERMS. The purchaser may make any change, to the emu, able than legal terra, including additional to or deleriom from the quantities originally ordered in the specifications or drawings, by series] or wrium change order. If any such change officers the amount due or the time of performance hereunder, an scalable adjustment shall be male. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pamions of the goods then mu shipped, subject to any equitable adjustment between the games as to any work or materials then in progress provided Ihnt the Purchase, shall or be liable for any claims for anticipated profits on the uncompleted portion of the gcnds ranks, work, far ncident it or consequential damages, and that no such adjustment be made in I:avorrof the Seller with respect to any good, which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 'I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assented within thirty (30) days from the date the change of lamination is ondaed. 8. COMPLIANCE WITH LAW. The Seller warrants the, all good sold hereunder shall have been produced, sold, delivered and firmished in strict compliance with all applicable laws end regulation to which the goods are subject The Seller shall execum and deliva such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncoryomted in agrements of this cM1mader are hereby incoporated herein by this refereme. The Sella agrees to indemnify and hold the Purchaser harmless form all costs and damages suffed by the Purchaser res a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mnfea or convey this order, or any monies due or to become due hereunder without the prior women consent of the other party. I O. TITLE. The Seller warrants full, clear and moustached title to the Purchaser for all equipment materials, and items finished in performance of this agreement, free and clear of any and all firm, restrictions, reservaliom, security interen encumbrances and claims of others. It. NONWAIVER. Failure of the Pur rimer to insist upon strict performance of the hams and conditions hetcaf, failure or delay, to exercise any rights or remedies presided herein or by low, failure to promptly notify the Sella in the count of is breach. The, acceptance ofor payment for good., hereunder or approval arm, design, shall cot release the Sella of any of the uvmntics or obligations of Nis pmer ae, order and shall not be domed a waiver of any right of the purchase( to insist upon strict performance barter or any of its rights or remedies as to any such goods, regardless of when shipped. received m accepted, as ro any prior or subsequent default her, ander, nor shall any puryoned oral modification or..author of this purchase under by the Purchaser .,am as a waiver of any of the it. hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pumhaur recognize that in actual economic overcharges rivalling from retinas, violations are is fact home by the Purchase,. Therclufive of r good cause and as consideration for executing this pnrcline order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter required under federal or slate antitrust laws for such uverchnrges relating to the particular goods or services purchased or acquired by the Purchaser pmsannt to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaer may cause the work Io be perfumed by the most e.,Jan. mean, available to it, and the Seller shall pay all torts aawimed with such work. The Seller shall release the Purchaser and its contractors of my tiro fmm all liability and claims of my rature resulting cam the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers end umph yces visual party. The Sellers contractual obligations, including warranty, shall now he domed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaa. 14. PATENTS. Whenever the Seller is required o use any design, device, nederid or process covered by letter, Patent, trademark copyright, the Seller shall indemnify and save bamileas the Purchaser man any and all claims for infringement by reason of the use of inch patented design, device, material or process in connection with the contract, and shadI indemnify the Purchaser for any cost, expense or danmge which it may be obliged to pay by reason of such infringement At any time during the prosecution or after the completion of the work. In case said equipment, or any pan therm( or the intended use of the goods, is in such suit held to coolant, infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninGtnging equipment, or modify it so it becomes werinRinging. 15. INSOLVENCY. If the Sena shall become insolvent or badrept make an assignment for the benefit of creditors, appoint a master or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser within, liability. 16. GOVERNING LAW. The definitions of teas used or the interpretation orum agreement and the rights craft parties hereunder shall be ennmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is in perform work hereunder, including the services of Sellers Representaliabi), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury 10 the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchoser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being( fished by the Sella under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the pzymem of wodces compensation, including occupational disease benefits, an its emphavas employed on or in ebnnecuon with the work cove d by this pmchue order, .Nor to their dependents in Inculcation with the In. of the state in which the wad is Io be done. The Seller shill also wry comprehensive general liability mouthing. but net limited to, conmctuzl and automobile public liability insurance will bodily injury and death limits of It Imst S3 W.000 for any one person, 5500,000 for any occident and progeny damage omit per accident of S41010,1000. The Sella shall likewise require his commdors, if any, to provide for such compenation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the prumkes of others, the Seller shall famish the Purchaser with a cenifcam that such compensation and insurance have been provided Such cetifcams shall specify the dam when such compensation and insurance have been provided. Such cenificams shall specify the dam when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until alter the entire work is completed and accepted. 19. PROI'F;CI'ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibil by and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the walk provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees fmm and againt any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Painfuer may be par or subject by reason of any act action, neglM, omission or default on the par of the Sella, any of his canmomrs, or any of the Sellers or mmmdors officers, agents a employees. In case any suit or other proceedings shall be brought again, the Proclaaer, we ire officers, agents or mployees at any new on actual or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as of said, the Scllcr hereby agrees to assume the define therof and to defend the same err rbe Sellers own expense, to pay may and all costs. Orre ex, altorueys fees and ohef experaws, any and roll judgments thal may be ineurd by or obtained against the Purchaser or any of its or they officers, agents or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon or obtaimd against the property of the Pmchssa, or said parties in or as a resell of such suits or other proceedings, the Sella will at once cause the same to be dissolved and diuharged by giving hand or otherwise. The Seller and his contractors shall take all safety precaution, famish and instull all goad ran eery for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health All i f 1970 and all roles and regulations issued pursuant Nerese. Revised 0112014